To amend sections 1713.55, 3332.25, 3345.85, and 3701.133 of the Revised Code to require that students living in on-campus housing at institutions of higher education be vaccinated for meningococcal meningitis and hepatitis B or obtain a waiver.

Section 1. That sections 1713.55, 3332.25, 3345.85, and 3701.133 of the Revised Code be amended to read as follows:

Sec. 1713.55. (A) As used in this section:

(1) "Nonprofit institution of higher education" or "institution" means a nonprofit college, university, or other institution that offers instruction in the arts and sciences, business administration, engineering, philosophy, literature, fine arts, law, medicine, nursing, social work, theology, and other recognized academic and professional fields of study, and awards degrees for fulfilling requirements of academic work beyond high school.

(2) "On-campus student housing" means a dormitory or other student residence that is owned or operated by or located on the campus of a nonprofit institution of higher education.

(3) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.

(B) Beginning Except as provided in division (C) of this section, beginning with the academic year that commences on or after July 1, 2005 2010, a nonprofit institution of higher education shall not permit a student to reside in on-campus student housing unless the student, or, if the student is younger than eighteen years of age, the student's parent, discloses to the institution whether provides documentation or medical certification that the student has been vaccinated against meningococcal meningitis and hepatitis B by submitting to the institution the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the institution that meets the requirements of division (B) of section 3701.133 of the Revised Code. The statement may be submitted in written form or, if the institution has a secure web site, in electronic form.

(C) An institution with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (D)(2) of this section and a statement that the student or parent has chosen for religious or medical reasons not to have the student vaccinated against meningococcal meningitis, hepatitis B, or both. If a student, or the student's parent if the student is younger than eighteen years of age, signs and returns the form to the institution, the institution shall waive the vaccination requirement.

(D) On receipt of an application for residence in on-campus student housing, a nonprofit institution of higher education shall do both all of the following:

(1) Inform the student of the disclosure vaccination requirement;

(2) Provide the student in either written or, if the school has a secure web site, electronic form the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the institution that meets the requirements of division (B) of information available on the department of health web site pursuant to section 3701.133 of the Revised Code;

(3) Inform the student that the vaccination requirement will be waived if the student, or the student's parent if the student is younger than eighteen years of age, signs and submits the waiver form under division (C) of this section.

(D)(E) This section does not require an institution to provide or pay for a meningococcal meningitis or hepatitis B vaccination for any student.

(F) The Ohio board of regents shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. The rules the board adopts shall be consistent with the rules the board is required to adopt under division (F) of section 3345.85 of the Revised Code and, at a minimum, shall specify a process for each nonprofit institution of higher education to report the institution's compliance with the requirements of this section.

Sec. 3332.25. (A) As used in this section:

(1) "On-campus student housing" means a dormitory or other student residence that is owned or operated by or located on the campus of a school subject to this chapter.

(2) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.

(B) Beginning Except as provided in division (C) of this section, beginning with the academic year that commences on or after July 1, 2005 2010, a school subject to this chapter shall not permit a student to reside in on-campus student housing unless the student, or, if the student is younger than eighteen years of age, the student's parent, discloses to the school whether provides documentation or medical certification that the student has been vaccinated against meningococcal meningitis and hepatitis B by submitting to the school the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the school that meets the requirements of division (B) of section 3701.133 of the Revised Code. The statement may be submitted in written form or, if the school has a secure web site, in electronic form.

(C) A school with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (D)(2) of this section and a statement that the student or parent has chosen for religious or medical reasons not to have the student vaccinated against meningococcal meningitis, hepatitis B, or both. If a student, or the student's parent if the student is younger than eighteen years of age, signs and returns the form to the school, the school shall waive the vaccination requirement.

(D) On receipt of an application for residence in on-campus student housing, a school subject to this chapter shall do both all of the following:

(1) Inform the student of the disclosure vaccination requirement;

(2) Provide the student in either written or, if the school has a secure web site, electronic form the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the school that meets the requirements of division (B) of information available on the department of health web site pursuant to section 3701.133 of the Revised Code;

(3) Inform the student that the vaccination requirement will be waived if the student, or the student's parent if the student is younger than eighteen years of age, signs and submits the waiver form under division (C) of this section.

(D)(E) This section does not require a school to provide or pay for a meningococcal meningitis or hepatitis B vaccination for any student.

(F) The state board of career colleges and schools shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. The rules the board adopts shall be consistent with the rules the Ohio board of regents is required to adopt under division (F) of section 3345.85 of the Revised Code and, at a minimum, shall specify a process for each school subject to this chapter to report the school's compliance with the requirements of this section.

Sec. 3345.85. (A) As used in this section:

(1) "On-campus student housing" means a dormitory or other student residence that is owned or operated by, or located on the campus of a state institution of higher education.

(2) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.

(B) Beginning Except as provided in division (C) of this section, beginning with the academic year that commences on or after July 1, 2005 2010, a state institution of higher education shall not permit a student to reside in on-campus student housing unless the student, or, if the student is younger than eighteen years of age, the student's parent, discloses to the institution whether provides documentation or medical certification that the student has been vaccinated against meningococcal meningitis and hepatitis B by submitting to the institution the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the institution that meets the requirements of division (B) of section 3701.133 of the Revised Code. The statement may be submitted in written form or, if the institution has a secure web site, in electronic form.

(C) An institution with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (D)(2) of this section and a statement that the student or parent has chosen for religious or medical reasons not to have the student vaccinated against meningococcal meningitis, hepatitis B, or both. If a student, or the student's parent if the student is younger than eighteen years of age, signs and returns the form to the institution, the institution shall waive the vaccination requirement.

(D) On receipt of an application for residence in on-campus student housing, a state institution of higher education shall do both all of the following:

(1) Inform the student of the disclosure vaccination requirement;

(2) Provide the student in either written or, if the institution has a secure web site, electronic form the meningitis and hepatitis B vaccination status statement described in division (B) of section 3701.133 of the Revised Code or a meningitis status statement form provided by the institution that meets the requirements of division (B) of information available on the department of health web site pursuant to section 3701.133 of the Revised Code;

(3) Inform the student that the vaccination requirement will be waived if the student, or the student's parent if the student is younger than eighteen years of age, signs and submits the waiver form under division (C) of this section.

(D)(E) This section does not require an institution to provide or pay for a meningococcal meningitis or hepatitis B vaccination for any student.

(F) The Ohio board of regents shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. At a minimum, the rules shall specify a process for each state institution of higher education to report the institution's compliance with the requirements of this section.

Sec. 3701.133. (A) The department of health shall make available on its web site information about the risks associated with meningococcal meningitis and hepatitis B, the availability of vaccines, and the effectiveness of the vaccines. The department shall provide written notice of the availability of meningococcal meningitis and hepatitis B information on the web site to all of the following:

(1)(A) Each city, local, exempted village, or joint vocational school district, as defined in Chapter 3311. of the Revised Code;

(2)(B) Each nonpublic school, whether chartered, nonchartered, or nontax supported, that enrolls students in ninth grade or the equivalent educational level;

(3)(C) Each community school created under section 3314.01 of the Revised Code, that enrolls students in ninth grade or the equivalent educational level;

(4)(D) Each state institution of higher education, as defined in section 3345.011 of the Revised Code;

(5)(E) Each nonprofit institution of higher education, as defined in section 1713.55 of the Revised Code;

(6)(F) Each private career school, as defined in section 3332.01 of the Revised Code.

(B) In addition to the information provided for in division (A) of this section, the department of health shall make available on its web site, in a format suitable for downloading, a meningitis and hepatitis B vaccination status statement form for a student or, if the student is younger than eighteen years of age, the student's parent, to complete to disclose whether the student has been vaccinated against meningococcal meningitis and hepatitis B. The form shall include all of the following:

(1) The information described in division (A) of this section and a means for the student or the student's parent to acknowledge having received and read the information;

(2) A space for the student or the student's parent to indicate one of the following:

(a) The student has been vaccinated against meningococcal meningitis, and the year the vaccination was given.

(b) The student has not been vaccinated against meningococcal meningitis.

(3) A space for the student or the student's parent to indicate one of the following:

(a) The student has been vaccinated against hepatitis B, and the year the vaccination was given.

(b) The student has not been vaccinated against hepatitis B.

Section 2.  That existing sections 1713.55, 3332.25, 3345.85, and 3701.133 of the Revised Code are hereby repealed.

Section 3.  Section 3701.133 of the Revised Code, as amended by this act, shall take effect July 1, 2010.

Section 4.  Until the end of its 2009-2010 academic year, each nonprofit institution of higher education as defined in section 1713.55 of the Revised Code, each private career school as defined in section 3332.01 of the Revised Code, and each state institution of higher education as defined in section 3345.011 of the Revised Code shall continue to comply with the version of sections 1713.55, 3332.25, and 3345.85 of the Revised Code, respectively, in effect prior to the effective date of this section.